Dear Experts,
Can the Domestic Inquiry be continued against the employee who has remained absent from work from 22/12/2011(leave without prior permission). The delinquent has failed to reply to three Memos, the Showcause Notice cum Charge sheet and the Notice of Inquiry (all issued through RPAD and duly served). The delinquent has failed to appear before the Inquiry officer and was placed ex-parte. The proceedings sheet of 1st meeting and next date were sent to the delinquent through RPAD. However, the delinquent failed to participate in the subsequent proceedings.
1)Now can the Inquiry be continued for the purpose of taking evidence and witnesses and marking documents placing the delinquent ex-parte?
2)Would the subsequent Inquiry proceedings will be deemed to be in violation of principles of natural justice? 3) Are there any rulings of Hon'ble Supreme Court adjudging such ex-parte proceedings illegal or erroneous?
Seeking your expert opinion in the matter. Please help.
Thank you and regards,
Vijaykumar
